M S R T C Divisional Manager Controller Office And ANR v. Govind Vitthal Gire And ANR

913 CA NO. 9920 OF 2025 +.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 913 CIVIL APPLICATION NO. 9920 OF 2025 IN FAST/8431/2025 Govind Vitthal Gire And Another

VERSUS

Msrtc Divisional Manager Controller Office And Another ...

Mr. Pratik Arvind Bhosle, Advocate for Applicant Mrs. Anagha Rotte, Advocate for Respondent Nos.1 and 2 WITH CIVIL APPLICATION NO. 3275 OF 2025 IN FAST/8431/2025 M S R T C Divisional Manager Controller Office And Anr

VERSUS

Govind Vitthal Gire And Anr ...

Mrs. Anagha Rotte, Advocate for Applicants Mr. Pratik Arvind Bhosle, Advocate for Respondents WITH CIVIL APPLICATION NO. 3276 OF 2025 IN FAST/8431/2025 M S R T C Divisional Manager Controller Office And Anr

VERSUS

Govind Vitthal Gire And Anr ...

Mrs. Anagha Rotte, Advocate for Applicant Mr. Pratik Arvind Bhosle, Advocate for Respondents ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 20.11.2025 PER COURT :-

(( 2 )) APPLICATION FOR STAY This is an application seeking stay to the execution of the impugned judgment and award.

The learned counsel for the applicant / appellant submits that the entire amount as per the impugned judgment and award is deposited in this Court.

In view of the above, the application is allowed in terms of prayer clause 'B' and disposed of.

APPLICATION FOR WITHDRAWAL OF AMOUNT This is an application seeking permission to withdraw the amount deposited in this Court pursuant to the award. Heard the learned advocates for both sides.

Learned advocate for respondent strongly opposed the application.

4.

Perused the application. For the reasons stated therein and considering the arguments of both the sides, it would be proper to partly allow the application. Hence, the following order:

(( 3 )) ::ORDER::

a.

The application is partly allowed.

b.

The applicants are permitted to withdraw 50% of the amount with accrued interest thereon deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

APPLICATION FOR DELAY Heard the learned counsel for the parties.

This is an application for condonation of delay of 36 days caused in filing the first appeal.

The learned counsel for respondent strongly opposed the application and submitted that there is no sufficient reason to condone the delay.

4.

Perused the application. For the reasons stated therein, the application deserves to be allowed in the interest of justice as the delay is neither deliberate nor intentional. Hence the following order:

::ORDER::

a.

Civil Application is allowed and disposed of.

(( 4 )) b.

The delay of 36 days caused in filing the first appeal is hereby condoned.

FIRST APPEAL Issue notice to the respondents, returnable on 13.01.2026.

Mr. P. A. Bhosale, learned Advocate waives service of notice for Respondents.

Call for Record and Proceedings.

[ SANJAY A. DESHMUKH, J. ] HRJadhav